LAWS(KER)-2025-5-370

K. B. SAJEEV Vs. UNION OF INDIA

Decided On May 29, 2025
K. B. Sajeev Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Writ Appeal challenges the judgment dtd. 29/3/2021 rendered by the learned Single Judge in W.P.(C) No.23271 of 2020. Appellant was the petitioner in the W.P.(C) and respondents were the respondents therein.

(2.) The petitioner, who is engaged in the business of sale of cashew nuts had filed the W.P.(C) inter alia seeking to quash Ext.P6 issued by the 4th respondent Bank rejecting his proposal for sanctioning a limit of Rs.93.00 lakhs under Ext.P1 Emergency Credit Line Guarantee Scheme (ECLGS) of the 1 st respondent. Petitioner had also sought a direction to the 4 th respondent to implement the scheme and extend its benefit to the petitioner/his proprietorship concern viz., M/s. Sree Vinayaka Agencies.

(3.) The learned Single Judge had dismissed the W.P.(C) inter alia holding that though the 4 th respondent had sanctioned an additional cash credit limit of 90 lakhs to the petitioner on 19/2/2020 for conduct of cashew business, no shipment had been received for the said additional amount sanctioned and no transactions had taken place in the petitioner's account since such sanctioning. Consequently, the decision of the 4 th respondent not to extend the benefit of the ECLG scheme to the petitioner is supported by prudent business principles and commercial practices. Holding that the petitioner does not have an unbridled legal right to claim the benefit of Ext.P1 scheme, the learned Single Judge upheld the rejection of the application of the petitioner for benefit under Ext.P1 scheme and found that there was no reason for interfering with the decision taken by the 4th respondent. Aggrieved by the said judgment of the learned Single Judge, dismissing his W.P.(C), the petitioner has filed this appeal.